IMCA involvement in accommodation decisions and care reviews

Accommodation decisions and the Deprivation of Liberty Safeguards

If a proposed move is subject to a request for a standard authorisation under the Deprivation of Liberty Safeguards, there is no requirement to instruct an IMCA specifically for the accommodation decision. This is because the person is entitled to a Section 39A IMCA if there is no one appropriate to consult (amended MCA Sections 38(2)A, 39(3)A).

Once formal authorisation of a deprivation of liberty is in place, any further accommodation changes where the person will be subject to a new standard authorisation will not require an IMCA to be instructed. This is because the person should be represented by their relevant person's representative (MCA Section 39A(6)).

Similarly, an IMCA is unlikely to be required for accommodation arrangements immediately after an authorisation for a deprivation of liberty ends. This is because the relevant person's representative (whether paid or otherwise) is not considered as providing care or treatment in a professional capacity (MCA Sections 38(10), 39(7)) and so is expected to provide independent representation for the subsequent accommodation decision. If there is some delay to an accommodation decision after an authorisation ends, an IMCA may need to be instructed because the representative's role ends with the authorisation.